Bankruptcy vs. Consumer Proposal
What are the pros and cons of filing for bankruptcy vs. Consumer Proposal in Canada?
By declaring bankruptcy, you’re protected from creditors and free from most of your debt, but there are disadvantages to consider as well. It can be confusing trying to decide between Bankruptcy vs. Consumer Proposal.
Many of our customers find alternative debt relief options to bankruptcy that they never considered before speaking with us.
In most cases, a Consumer Proposal is the best option, as it has more advantages than personal bankruptcy.
If your income increases after declaring bankruptcy, your monthly payment will also increase.
With a Consumer Proposal, your payments do not change.
Bankruptcy Advantages
Stay of proceedings
Calls from collection agencies will STOP! Thanks to the Bankruptcy and Insolvency Act, wage garnishments and threats of lawsuits will also stop immediately.
Cost effective
A personal bankruptcy in Ontario can costs less than other debt relief options. The exact cost depends on your income and assets.
Quick process
At David Sklar, we’ll make every process easy for you, but personal bankruptcy is a particularly quick process. Many individuals can receive an automatic discharge within nine months.
Bankruptcy Disadvantages
Negative Impact to your credit score
Your credit report will show a record of your bankruptcy claim for six years after discharge and you will lose all of your credit cards.
Loss of assets
When you file for personal bankruptcy, your licensed Insolvency Trustee will inform you of the assets can keep, and which you will lose. Your Trustee will calculate the value of the equity you have in your home, your investments, and other non-exempt assets, and distribute the proceeds to your creditors. During the bankruptcy period, any tax refunds you may receive will go to your creditors as well.
Debts that can not be eliminated
Child support, alimony, fines, and some student loans are excluded. Secured debts (such as mortgages) are also not covered in a bankruptcy.
Impact on employment
You must consider the fact that declaring bankruptcy may have an impact on your employment situation if you are responsible for money or trust funds. While bankrupt, you are not allowed to work as a director of a company.
Surplus Income
Surplus income is any income earned above the standards set by the Office of the Superintendent of Bankruptcy Canada. You are required to pay half of any surplus income you earn above that amount.
Added responsibilities
When you claim bankruptcy, you are required to make your regular payments which are based on your income. You must also attend two credit counselling sessions and send a monthly budget statement to your LIT.
Bankruptcy and surplus income payments
Each year the Superintendent of Bankruptcy outlines what they feel is a basic income for different family sizes. When declaring personal bankruptcy your income and size of your family impact the amount you will need to pay and for how long.
Advice on Bankruptcy
Getting into debt is easy. Getting out is a different story.
But it's still possible!
Did you know there is a Canadian debt relief program federally regulated by the Canadian Government, designed to help citizens avoid claiming bankruptcy? This amazing program can only be administered by a Licensed Insolvency Trustee (LIT).
If you’re struggling to make your payments every month and creditors won’t stop calling, we can help.
What our clients are saying.
We are David Sklar
Our team of Licensed Insolvency Trustees in Ontario can help you get out of debt and in control of your own financial future. We’ve helped thousands of people and we can help you too.
We know this is stressful, but you're not alone.
It’s going to be okay.
Book your free consultation today. We’ll do the rest.
